Fitzpatrick Case Update
January 8, 2018
On January 8, 2018, the Court of Appeals for the Federal Circuit, sitting en banc, issued a majority opinion holding that a determination made by the PTO concerning whether a petition for inter partes review (IPR) is time-barred under 35 U.S.C. § 315(b) is subject to judicial review. Specifically, the Federal Circuit majority held that the limit on judicial review in 35 U.S.C. § 314(d), pertaining to institution decisions, does not apply to time-bar determinations under 35 U.S.C. § 315(b).